How can a trademark overcome likelihood of confusion?

4 Ways To Overcome A Likelihood Of Confusion Refusal

1. Argue that the marks or goods are different.
2. Consent Agreements – agree to coexist with a prior registrant/applicant.
3. Argue the prior registration/application is weak.
4. Collateral attack – a last resort.

How do you calculate likelihood of confusion?

What are key factors in determining likelihood of confusion?

1. The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression.
2. The relatedness of the goods or services as described in the application and registration(s).

What percentage of trademark applications are rejected?

As many as 70% of all USPTO trademark applications are initially rejected by the examining trademark attorney at the Trademark Office. Some Trademark Office actions are scary, complicated, and require an expert trademark attorney to file a proper trademark office action response. Others are simple.

How often do trademarks get rejected?

Absolutely. According to the USPTO, approximately 18% of applications failed during first action in 2016. When you think about it, that number is quite shocking. It means nearly 1-in-5 trademark applications were refused.

How similar Can my trademark be?

If trademarks share a common word or term, the marks may be considered similar in appearance even if one of the marks adds other letters or another word to it, especially if the added material is descriptive or suggestive of the goods or services.

Can you trademark a similar name?

If a proposed trademark name is similar to an already registered one and could be confusing, the USPTO won’t register it. To be that confusing, the trademark names must be identical and must belong in the same services or goods class.

Why would a trademark get rejected?

A mark will be refused as deceptively misdescriptive if (1) the mark misdescribes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services; and (2) the misrepresentation conveyed by the mark is plausible.

Why was my trademark refused?

If your trademark a does not have a distinctive word, logo, picture or other sign that clearly identify your goods or services from those of other traders it will be rejected.

What percentage are trademarks approved?

What is the probability of a trademark rejection or delay in a trademark application? According to the USPTO trademark dashboard, statistics show that about 43% of trademark applications filed via TEAS receive an approval without any Office Actions.

Can two companies have similar trademarks?

The short answer is, “it depends.” It depends on (1) Whether the other business is in the same industry; (2) Whether the other business is in the same geographical market; (3) Who was using the mark first; and (4) Who registered the trademark first.